13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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45-2-80.81
Section 45-2-80.81 Costs taxes in cases filed in the circuit court or juvenile court. In order
to provide a special fund for the creation and maintenance of the library and for the purposes
of judicial administration as further specified in this subpart, there shall be taxed as costs
the sum of fifteen dollars ($15) in each civil or quasi-civil action at law, suit in equity,
criminal case, quasi-criminal case, juvenile court case, proceeding on a forfeited bond bail,
or a proceeding on a forfeited bond given in connection with an appeal from a judgment of
conviction in any district or municipal court to each circuit court or to the juvenile court
hereinafter filed in, arising in, or brought by appeal, certiorari, or otherwise to the Circuit
Court or to the Juvenile Court of Baldwin County. The costs shall be collected as other costs
in cases are collected by the clerk of the court and shall be paid to the Baldwin County Commission.
(Acts 1956, 1st Ex. Sess., No. 92, p. 138, §2; Act...
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45-24-80.20
Section 45-24-80.20 Additional court costs and fees. In Dallas County, in addition to all other
fees, there shall be taxed as costs the sum of five dollars in each civil or quasi-civil action
at law, suit in equity, criminal case, quasi-criminal case, proceedings on a forfeited bail
bond, or proceedings on a forfeited bond given in connection with an appeal from a judgment
or conviction in any inferior or municipal court of the county, in the Circuit Court of Dallas
County, or the District Court of Dallas County, hereinafter filed in or arising in the Circuit
Court of Dallas County, or the District Court of Dallas County, or brought by appeal, certiorari,
or otherwise to the Circuit Court of Dallas County, or the District Court of Dallas County,
which costs shall be collected as other costs in such cases are collected by the clerk, or
ex officio clerk, of the courts or the register of the Circuit Court of Dallas County, as
the case may be. Such fees, when collected by the clerks or...
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45-4-81
Section 45-4-81 Additional court costs for certain district and circuit cases. (a) In Bibb
County, in addition to all other court charges or fees, there shall be taxed as court cost
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceeding on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgement or conviction in any inferior or
municipal court of the county, the district or circuit court of Bibb County, hereinafter filed
in or arising in the circuit or district court of Bibb County, or brought by appeal, certiorari,
or otherwise to either of the courts, which costs shall be collected as other costs in such
cases are collected by the clerk, or ex-officio clerk, of the courts or the register of the
circuit court or district court of Bibb County, as the case may be. (b) Such fees, when collected
by the clerks or other collection officers of such courts,...
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45-49-261.10
Section 45-49-261.10 Appeal to circuit court. Any party aggrieved by a final judgment or decision
of the board of adjustment, within 15 days thereafter, may appeal therefrom to the Circuit
Court of Mobile County, Alabama, by filing with the circuit court and the board of adjustment
a written notice of appeal specifying the judgment or decision from which the appeal is taken.
In case of an appeal, the board of adjustment shall cause a transcript of the proceedings
and the action to be certified to the court to which the appeal is taken. (Act 2009-782, p.
2456, §11.)...
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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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